(Download) "Sunburst O. & R. Co. v. Great North. Ry. Co." by Supreme Court of Montana ~ Book PDF Kindle ePub Free

July 01, 2021

eBook details

Title: Sunburst O. & R. Co. v. Great North. Ry. Co.
Author : Supreme Court of Montana
Release Date : January 05, 1932
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Carriers ? Railroads ? State Railroad Commission ? Power to Fix Freight Rates not Retroactive ? Appeal and Error ? Doctrine of Stare Decisis. Railroads ? Carriage of Petroleum Distillate ? Fixing of Freight Rates by Weight not Improper. 1. The practice of fixing railroad freight rates on products, such as petroleum distillate, by estimated weight, if fairly representative of the actual weight, is not improper. Same ? State Railroad Commission ? Power to Fix Freight Rates not Retroactive ? Appeal and Error ? Stare Decisis ? Applicability of Doctrine. 2. Held, that while, under the case of Montana Horse Products Co. v. Great Northern Ry. Co., ante, p. 194, holding that the power of the - Page 217 state Railroad Commission in the matter of fixing rates is prospective and not retroactive, the commission exceeded its authority in finding in favor of a shipper of petroleum distillate who sought to have a rate on past shipments based on an estimated weight of 7.4 pounds per gallon instead of the actual weight of 6.65 pounds declared unreasonable, the judgment of the district court in an action thereafter by the shipper to recover the overcharge decreeing likewise and ordering the carrier to make reparation, must nevertheless stand, in application of the rule of stare decisis, the plaintiff having proceeded in his action in reliance upon a former decision apparently approving the procedure, now overruled. (See, also, syllabus in case above cited.)